Village of Piermont, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Piermont as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-8-1979 by L.L. No. 1-1979]
The purpose of this chapter is to implement for the Village of Piermont the State Environmental Quality Review Act and specifically Part 617 thereof.
A. 
The terms and words used in this chapter shall have the same meaning as such terms and words defined in Article 8 of the Environmental Conservation Law and Part 617, unless the context requires a different meaning.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
EAF
Environmental assessment form.
EIS
Environmental impact statement.
PART 617
The rules and regulations set forth in 6 NYCRR 617.
SEQR
The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.
VILLAGE
The Village of Piermont.
No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the Village, unless it has complied with SEQR, Part 617, to the extent applicable, and with this chapter.
A. 
An EAF shall be prepared by or on behalf of any agency, board, body or officer of the Village in connection with any Type I action such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
B. 
An application for permit or funding of a Type I action shall be accompanied by an EAF and, for an unlisted action, may be accompanied by a short- or long-form EAF, as may be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF. In lieu of an EAF, the Village Board may adopt a different procedure for reviewing the environmental significance of unlisted actions.
C. 
The board or agency of the Village charged with the making of the principal decision concerning any action subject to SEQR shall make a preliminary determination of the environmental significance of the action on the basis of the EAF, draft EIS or, with respect to unlisted actions, in accordance with its own procedures, as the case may be, and such other information it requires. Such determination shall be made within 15 days of its designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I actions, a determination of nonsignificance shall be noticed and filed as provided in 6 NYCRR 617.10(b); for unlisted actions, a determination of nonsignificance shall be sent to the applicant and maintained in accordance with 6 NYCRR 617.7(e) and 617.10(f). After a determination of nonsignificance, the action, including one involving a permit or funding, shall be processed without further regard to SEQR, Part 617 or this chapter.
[Amended 2-15-1983 by L.L. No. 2-1983]
D. 
The time of filing an application for approval or funding of an action shall commence to run from the date the preliminary determination of environmental nonsignificance is rendered or, if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed as provided in 6 NYCRR 617.8, 617.9 and 617.10. Commencing with the acceptance of the draft EIS, the time limitation for processing the EIS shall run concurrently with the time limitations applicable to processing the application for approval or funding of the action, and a public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant. Failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
Environmental review of actions involving a federal agency shall be processed in accordance with 6 NYCRR 617.16.
The fees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be fixed from time to time by a resolution of the Board of Trustees. Limitations on the amount of fees is prescribed by 6 NYCRR 617.17. If the applicant prepares the EIS, the Village may charge a fee for the actual expenses of reviewing it, but if a Village agency prepares an EIS on behalf of an applicant, it may charge a fee for the cost of preparing, including publication of notices, but not for the cost of professional review.
[Amended 1-7-1992 by L.L. No. 3-1992]
Critical areas of environmental concern may be designated by resolution of the Board of Trustees in accordance with 6 NYCRR 617.4(h).
In addition to the Type I actions set forth in 6 NYCRR 617.12, the Board of Trustees may by resolution from time to time add additional actions to the Type I list.
[Adopted 4-23-1985 by L.L. No. 5-1985]
[Amended 1-3-1989 by L.L. No. 1-1989]
The Board of Trustees hereby designates the following areas as critical environmental areas in accordance with Section 617 of the New York Code of Rules and Regulations: See Schedule A.
Schedule A
All property lying within the Village of Piermont
[Amended 1-7-1992 by L.L. No. 3-1992]
Any unlisted action taken with respect to properties located within the critical environmental area shall be treated as a Type I action as defined by the State Environmental Quality Review Act,[1] unless excluded by the provisions of § 96-13.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
All Type 1 actions shall require the filing of a long-form environmental assessment form (EAF) with the Village lead agency. Not all Type 1 actions shall require the filing of an environmental impact statement (EIS). The decision as to whether an EIS is required shall be made by the Village lead agency.
The following actions shall be excluded from the requirements of this article in connection with residential development and use:
A. 
Any use permitted by right which does not involve more than one residential unit.
[Amended 1-3-1989 by L.L. No. 1-1989]